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E-Voting Rights

Many states are hastily implementing flawed electronic voting machines and related election procedures. EFF is protecting your right to vote in the courts while working with legislators and election officials across the country to ensure fair transparent elections.

Twenty-three states still do not require a paper record of all votes despite the demonstrated technical failures of e-voting machines in the 2004 presidential election -- including the complete loss of thousands of votes. In turn voters cannot verify that the e-voting machines are recording their votes as intended and election officials cannot conduct recounts. Most of these machines use "black box" software that hasn't been publicly reviewed for security. Indeed when security researchers have inspected the devices they've found serious vulnerabilities all too often.

EFF provides leadership on several fronts -- litigation legislation regulation independent analysis advocacy -- to help ensure that your vote counts. Learn more below and donate to help support our efforts.

EFF fought for transparent elections, forcing e-voting companies to comply with North Carolina state law. In November 2005, Diebold Election Systems filed suit against the North Carolina Board of Elections to avoid a law requiring vendors to place their machines' source code into escrow. EFF intervened in the case, getting the complaint dismissed, and Diebold subsequently withdrew its e-voting machines from North Carolina elections.

EFF defended the use of voter-verifiable paper trails in Florida. The National Federation of the Blind filed suit to force Volusia County, Florida to spend approximately $700,000 of state funds on Diebold voting equipment that the county had repeatedly rejected. EFF and a Florida attorney filed an emergency friend-of-the-court brief in the case on behalf of disabled residents who opposed the purchase. A federal District Court judge ruled in favor of the county, giving it the opportunity to purchase voting equipment that is both accessible to disabled voters and that creates an auditable paper trail to protect against errors and fraud.

When internal memos exposing flaws in Diebold Election Systems' electronic voting machines leaked onto the Internet, Diebold used bogus copyright threats to silence its critics. EFF fought back on behalf of an ISP, winning an award of damages, costs, and attorneys' fees. Equally important, the case set a precedent that will allow other Internet users and their ISPs to fight back against improper copyright threats.